Have you been in a car accident and are wondering if the other party can sue you for the crash? The answer to the question depends on the circumstances of your case.
In most cases, suing someone for a car accident is not necessary since Florida is a no-fault auto insurance state that allows injured parties to seek compensation from their own insurer regardless of fault.
However, filing a lawsuit is an option when the victim needs to recover damages from an at-fault driver, and other options are either unavailable or exhausted. Talk to our Lakeland car accident attorney if you are worried that you could be sued for an accident in Florida.
Florida is a no-fault insurance state
As mentioned earlier, Florida is a no-fault auto insurance state. It means that in the event of an automobile crash, an injured person can recover damages through their own insurance provider.
Under Section 627.7407, Florida Statutes, car accident victims can recover certain damages through their Personal Injury Protection (PIP) insurance coverage regardless of fault.
However, an injured individual may be allowed to step outside the no-fault system to file a third-party claim against the at-fault driver’s insurer or file a lawsuit against the motorist.
Can you be sued for a car accident in Florida?
Whether or not someone can sue you for a car accident in Florida boils down to the following five questions.
Were you actually at fault for the crash?
It may be necessary to hire a skilled car accident attorney to help you establish fault. It is never advised to admit fault before consulting with a lawyer.
Is the victim’s injury serious?
Under Section 627.737, Florida Statutes, a victim could be able to sue the at-fault driver if their case meets specific requirements. One of the requirements is that the victim’s injury must be serious or permanent. Thus, if the victim’s injury is not serious or permanent, and the victim has not exhausted their PIP coverage, you may not be sued for the crash.
Do you have car insurance?
After exhausting their own PIP coverage, the victim may be able to pursue an insurance claim against your insurer. If you do not have auto insurance, the victim can sue you to seek additional compensation.
Do I have enough insurance coverage?
If your insurance coverage is enough to pay for the victim’s damages and losses, they may not need to go after you directly and file a lawsuit against you. Thus, you are unlikely to be sued after a car accident if your insurance coverage is enough to cover the full amount of damages.
Is someone else liable for the crash?
If other parties are partially at fault for the accident, the victim may be able to pursue a lawsuit against all liable parties instead of only suing you. If someone else was partially responsible for causing the collision, you would be ordered to pay less to compensate the victim for their losses and damages.
Speak with a skilled car accident attorney in Lakeland to determine whether you can be sued for a crash in Florida. Contact our lawyer at The Turnbull Firm to receive a free consultation. Call at 863-324-3500.